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ACKROYD v. WINSTON BROS. CO.

No. 9251.

113 F.2d 657 (1940)

ACKROYD v. WINSTON BROS. CO. BRADY IRR. CO. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 16, 1940.

Attorney(s) appearing for the Case

Sterling M. Wood, Robert E. Cooke, and Fredric Moulton, all of Billings, Mont., for appellants Ackroyd, Brigham, LaCroix, Carter, Stevens and Nelson.

Church & Jardine, J. W. Freeman, J. P. Freeman, and Ernest Abel, all of Great Falls, Mont., for appellant Brady Irr. Co.

R. H. Glover, S. B. Chase, Jr., and John D. Stephenson, all of Great Falls, Mont., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Appeals from an order of the District Court of the United States for the District of Montana, Ackroyd v. Brady Irr. Co., D. C., 27 F.Supp. 503, dismissing a complaint and a complaint in intervention seeking declaratory judgments, 28 U.S.C.A. 400. The appeals were consolidated.

For an understanding of the problems presented to us we narrate the following alleged facts. The right to gather and impound...

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